Users' questions

Can I write my own post nuptial agreement?

Can I write my own post nuptial agreement?

Postnuptial agreements must be in writing. Voluntary – Both parties to a postnuptial agreement must have signed the agreement voluntarily and intentionally. Generally speaking, to make a postnuptial agreement valid, both parties’ signatures need to be notarized.

Are postnuptial agreements valid in NJ?

A postnuptial agreement is a contract just like a prenup that the two parties enter into with each other. If both parties willingly enter into a postnup, without duress or coercion, it typically will be valid under New Jersey law.

What should be included in a postnuptial agreement?

What to Include in a Postnuptial Agreement

  1. The Separate Property Provision. Most marriages mingle the assets and property of each individual together, and they become marital property.
  2. Defining What Marital Property Encompasses.
  3. Maintenance for Each Spouse.
  4. Support for Children.
  5. Legal Help with Postnuptial Provisions.

When to use a post nuptial agreement in New Jersey?

If the married couple wants to purchase a bigger and better home with the money received by the inheritance, then a post-nuptial agreement can be used to safeguard the financial interests of the spouse who received the inheritance. The law regarding the validity and enforcement of post-nuptial agreements is not well developed in New Jersey.

What should I do with my postnuptial agreement?

Use a postnuptial agreement template to determine how to divide your assets between you and your spouse should your marriage ends. With a postnuptial agreement, you can make these legal decisions after you’re already married. What is a Postnuptial Agreement?

Is the pandatip postnuptial agreement template enforceable?

PandaTip: Note that the legality and enforceability of postnuptial agreements varies from state to state and from country to country. This postnuptial agreement template provides a good starting point but you should take care to ensure that it will be enforceable in your state or country and, if in doubt, legal advice should be sought.

Can a judge refuse to approve a postnuptial agreement?

In states like Utah and California, marriage comes with stricter marital obligations for spouses. A judge may not approve the postnup if the agreement was signed unfairly, has any uncertainty, or includes anything that violates state marital laws.